New York State has fined Dumont Masonic Home in New Rochelle, NY a whopping $20,000. This on top of a $10,000 fine, lated reduced to $6,500, from the Federal government. Both fines relate to a survey of the facility on July 16, 2009.
Despite the State and Federal enforcement action, Dumont Masonic Home continues to display information claiming it is a “5 Star Facility”.
Months after a survey of the facility which resulted in the Federal government citing Dumont for multiple deficiencies and socking them with a $10,000 fine, the Dumont Masonic Home published a newsletter — still displayed on the facility web site — touting Dumont as a “5 Star facility” and claiming “the federal government (CMS) has given the Dumont Masonic Home its highest rating!”.
Dumont Masonic Home was surveyed on July 16, 2009 and cited for multiple deficiencies. The fine was reduced by 35% to $6,500 because the facility waived their right to a hearing.
The lead story in the November 2009 Dumont Newsletter was a celebratory, misleading announcement of the facilities standing with the federal government.
Dumont Newsletter – November 2009
If there is a single word, one value, and one goal for each of us at the Dumont Masonic Home, that describes what we are all about – that word is “excellence”. Our clinical staff is focused on excellence in providing top-notch care. The recreation staff is committed to creatively providing the best leisure time activities – whether it’s a holiday celebration, a Bar-B-Q, or a theme party, our staff is always looking for ways to make it extra-special.
So many of you have noticed too and your Magical Moments nominations enable us to recognize and express appreciation to our staff at monthly ceremonies. It comes as no surprise that the federal government (CMS) has given the Dumont Masonic Home its highest rating! We are honored and proud to be rated a 5 Star facility!
Our passion for excellence, the dedication of our staff and your support have all contributed to this achievement.
The Dumont Newsletter web page has not been updated since the November 2009 newsletter was published. The LTCCC published news of the federal enforcement action in March 2010.
If you are looking to evaluate the quality of nursing homes in New York State consult the LTCCC and New York State Department of Health. The Long-Term Community Care Coalition, formed as an ad hoc coalition in the 1970s on the heels of nursing home scandals in New York State is now a permanent coalition which serves as a watchdog and advocate for long-term care residents. The LTCCC issues quarterly reports on enforcement actions against New York State nursing homes. The New York State Department of Health maintains a Nursing Homes database which offers information on complaints, inspections and enforcement.
UPDATE: DuMont Masonic Home Stipulation Order NH-10-24.pdf
STATE OF NEW YORK : DEPARTMENT OF HEALTH IN THE MATTER
RICHARD F. DAINES, M.D., as Commissioner of Health of the State of New York, to determine the action to be taken with respect to:
German Masonic Home Corp. Respondent, as operator of Dumont Masonic Home 676 Pelham Road New Rochelle, New York 10805 arising out of alleged violations of Article 28 of the Public Health Law of the State of New York and Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR).
STIPULATION AND ORDER
WHEREAS, the New York State Department of Health (the “Department”) has made findings based upon inspection of the Dumont Masonic Home (the “Facility”); and
WHEREAS, the Department completed its inspection of the Facility on July I S , 2009; and
WHEREAS, the Department’s inspection findings included alleged violations of Article 28 of the Public Health Law and 10 NYCRR Part 415; and
WHEREAS, prior to commencement of administrative enforcement action based upon the alleged violations by service of a Notice of Hearing and Statement of Charges,
the Department and the Respondent engaged in settlement discussions; and WHEREAS, the parties wish to resolve this matter by means of a settlement
instead of an adversarial administrative hearing. NOW, THEREFORE, IT IS STIPULATED AND AGREED AS FOLLOWS
1. The violations alleged in the Statements of Deficiencies based on the survey completed on July 16, 2009 are hereby settled and discontinued with prejudice.
2. The Respondent admits that substantial evidence of violations of 10 NYCRR Part 415 existed under the citations set forth in the attached addendum. The foregoing admission made by the Respondent is solely for the purpose of resolving the instant administrative matter and is not intended for use in any other forum, tribunal or court. Any such admission is without prejudice to the Respondent’s rights, defenses and claims in any other matter, proceeding, action, hearing or litigation not involving the Department. It is agreed that the foregoing admission is not intended to be used dispositively or otherwise, regarding any allegations of medical malpractice, personal injury and/or negligence that may be made in a civil action for monetary damages.
3. The Respondent shall pay a civil penalty of Twenty Thousand Dollars ($20,000) pursuant to Public Health Law 12(l)(c). The Respondent shall pay the total civil penalty within 15 days after the effective date of this Stipulation and Order. This civil penalty shall be sent by certified mail and shall be made payable by certified check to the New York State Department of Health and forwarded to the New York State Department of Health, Bureau of Accounts Management, Room 1717, Corning Tower, Empire State Plaza, Albany, New York 12237-0016. Any civil penalty not paid by the date prescribed herein shall be subject to all provisions of law relating to debt collection by the State of New York. This includes, but is not limited to, the imposition of interest, late payment charges and collection fees; referral to the New York State Department of Taxation and Finance for collection, and non-renewal of permits or licenses [Tax Law Section 171(27); State Finance Law Section 18; CPLR Section 5001; Executive Law Section 321.
4. Nothing herein contained shall be construed to preclude the Department from pursuing any and all sanctions or remedies authorized by the Public Health Law against any individual employed by or practicing in association with the Facility for any violations identified during the inspections referred to herein. Such sanctions and remedies may include, but are not limited to, administrative proceedings brought pursuant to Public Health Law Section 2803-d (relating to patient abuse, mistreatment or neglect), Public Health Law Section 230 (relating to professional medical conduct)mand Public Health Law Article 28-0 (relating to the practice of nursing home administration). A copy of this Stipulation and Order shall be sent to the Bureau of Nursing Home Administrator Licensure for whatever action, if any, it may deem appropriate.
5. It is further stipulated and agreed by the Respondent and the Department that there exist valid and sufficient grounds, as a matter of fact and law, for the issuance of this Stipulation and Order under the Public Health Law and the Respondent consents lo its issuance, accepts its terms and conditions and waives any right to challenge this Stipulation and Order in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules or in any other action or proceeding.
6. This Stipulation and Order shall be effective upon service on the Respondent or the Respondent’s attorney or representative of a copy by personal service or by certified or registered mail.
DATED: New Rochelle, New York July 16, 2010
AGREED AND SO ORDERED: DATED: Alba
010
German Masonic Home_Corp.
NEW YORK STATE 6EP ARTMENTgF HEALTH
BY:
Commissioner of Health
Inquiries to: John N. Stefani, Associate Attorney Phone: (518) 473- 1707 Fax: (518) 486-1858
Mail Payment to: New York State Department of Health Bureau of Accounts Management Corning Tower, Room 1717 Empire State Plaza
Albany, New York 12237-0016
Date
July 16, 2009
Code Cite 10 NYCRR
415.12(h)(I)(2)
Civil Penaltv Provision
Public Health Law 512(l)(c) Public Health Law 512(l)(c)
ADDENDUM Dumont Masonic Home
Violation
Quality of care: Accident
Organization and Administration